Thangeshwaran v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 10147 of 2026 1.Thangeshwaran 2.Bhuvaneshwari @ Bhuvaneswari ... Petitioners Vs State of Tamil Nadu rep. by The Inspector of Police, Melavalavu Police Station, Madurai District.

(Crime No.113 of 2026)

...Respondents/Complainant

For Petitioners : Mr.C.Sasi Kumar Advocate.

For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 113 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 296(b), 115(2), 351(3) of BNS and 1/6

Section 4 of TNPHW Act and Section 67 of IT Act, in Crime No.113 of 2026, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous dispute, the accused persons threatened the defacto complainant as if they will upload the obscene photos of the defacto complainant in the social media and called her to their wish. They abused the defacto complainant and also attacked her with dire consequences. Hence, the case.

3. The learned counsel for the petitioners submits that the petitioners are innocent and they were falsely implicated in this case and they are in no way connected in the above said incident. They have not committed any offence as alleged by the prosecution. Due to previous enmity, this complaint has been lodged. Hence, he prays to grant Anticipatory Bail to the petitioners.

4. The learned Government Advocate (Crl. Side) submits that the offences are grave in nature. Due to previous dispute the petitioners abused the defacto complainant and attacked her and also criminally intimidated her. The first petitioner has one previous case and the second petitioner has no previous case. The injured in this case has been discharged from the hospital. 2/6

Investigation is still pending. He vehemently opposed the grant of anticipatory bail to the petitioners.

5.Heard the learned counsel on either side and perused the records.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioners, there is previous dispute between the parties, the injured was discharged from the hospital, there is no previous case against the second petitioner, though the first petitioner has one previous case in that case he was already granted bail, and also considering all the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Melur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

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[b] the petitioners shall report before the respondent police at 10.30 a.m., on every Saturday for a period of four weeks, thereafter as and when required for interrogation;

[c] the petitioners shall not commit any offences of similar nature.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 04.06.2026 TM 4/6

To 1.The Judicial Magistrate, Melur.

2.The Inspector of Police, Melavalavu Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 10147 of 2026 Date : 04.06.2026 6/6